13 April 2017, Health (NHS)
The complainant has requested information from King’s College Hospital NHS Foundation Trust (‘the Trust’) about contact it may have received from a school about a particular pupil. The Trust has said that the requested information is exempt from release under section 40(2) of the FOIA as it is the personal data of a third person. The Commissioner considers that the Trust incorrectly applied section 40(2) to the request. The Commissioner has decided that under section 40(5)(b)(i) of the FOIA, the Trust is not obliged to confirm or deny that it holds the requested information as to do so would release the personal data of a third person. The Commissioner does not require the public authority to take any steps.
FOI 40: Not upheld